Interpretation Response #09-0026 ([Titan Specialties LTD] [Ms. Shelley Espinoza])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 03/26/2009

Company Name: Titan Specialties LTD

Individual Name: Ms. Shelley Espinoza

Location State: TX Country: US

View the Interpretation Document

Response text:

March 26, 2009

Ms. Shelley Espinoza

Compliance Officer " Dangerous Goods

Titan Specialties LTD

143 HCR 4361

Milford, TX 76670

Ref. No.: 09-0026

Dear Ms. Espinoza:

This responds to your letter concerning marking requirements prescribed in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for packages containing Class 1 materials. Specifically, you ask if a package may be marked with more than one EX number if it contains only one of the Class 1 materials assigned an EX number in accordance with §172.320. You provide the following scenario:

A company has numerous similar Class 1 materials approved by DOT; each is assigned a specific EX number that has the same classification (i.e., UN number, proper shipping name and division compatibility group). Each will always be the only Class 1 material in the packaging, but all are packaged in the same manner, utilizing the same inner and outer packagings. For economies of scale, it is preferable to stock one outer packaging that is pre-printed with all of the EX numbers of the products that could be contained in the packaging, as well as the other required markings and labeling.

The answer is no. In accordance with §172.320, no person may offer a package for transportation that is marked to indicate that the material contained in the package is hazardous unless the package contains the identified material or its residue. Thus, each package containing a Class 1 material must be marked with the EX number for each substance, article, or device contained in the package. The package may not be marked with EX numbers for materials that it does not actually contain.

If your company is using a package that is pre-printed with several EX numbers, the EX numbers that do not apply to the Class 1 material in the package must be covered or obliterated prior to shipment. However, when more than five different Class 1 materials are packed in the same package, the package may be marked with only five of the EX-numbers, national stock numbers, product codes, or combination thereof.

If the shipping paper shows the EX number, product code or national stock number of each explosive item described under a proper shipping description in association with the shipping description as required by § 172.202(a), the EX-number is not required to be marked on the package (see § 172.320(d)). This exception applies to all explosives.

I hope this satisfies your inquiry. If we can be of further assistance, please contact us.

Sincerely,

Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

172.320

Regulation Sections